Partly allowed

Majid Ahmad and 8 Others v. State of U.P. and Another

Allahabad HC22 Jul 2024A482/7270/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court set aside an impugned order of summons passed against nine accused persons. The Court held allegations were omnibus and in violation of Supreme Court precedents, remanding the matter for a fresh order after hearing the complainant and issuing notice to all opposite parties.

What did the court decide?

Impugned order dated 3.4.2023 set-aside; matter remanded to Trial Court to pass fresh order after hearing complainant and O.P. No.2 in light of Supreme Court judgments.

Majid Ahmad and 8 Others vs State of U.P. and Another — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115853

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 7270 of 2024

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Applicant :- Majid Ahmad And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Saqib Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Mohammad Saqib, learned counsel for applicants.

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Impugned order passed under Section 204 Cr.P.C. is as follows:

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" Date:03.04.2023

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Case called out.

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The complaint has been presented by Smt. Yasmeen Bano against the Majid Ahmad and 8 others.

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I have perused complaint, statement of complainant u/s 200 Cr.P.C. in which it is stated that "My husband beats me. I have two years old baby. All fanatly beats me. After beating me, they get me with my baby out of house. They demand dowry. They demand car in dowry. My sister-in-law (nanad) and brother-inlaw (nandoi) beats me. They abuses me They behaved with me like maid. They didn't give meals to my baby. After pronouncing teen Talak they get me out of house. When I was two months pregnant my husband kicked in my abdoment and I got abortion. I went to police station but no action has been taken. Hence, I approach the Court.

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Statement of PW-1 Khatiza Bano and PW-2 Mazid Ahmad also recorded and they have supported the story of complainant regarding tortoure, beating and dowry.

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From perusal of the facts and circumstances of the complant and all evidence available on record a prima facie case is made out under Sections 498A, 323, 504 IPC. Hence, accused persons are liable to be summoned under the said sections.

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ORDER

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Accused person (1) Mazid Ahmad (2) Mohd. Ahmad (3) Ashad (4) Babli (5) Jafar (6) Nazmeen (7) Javed (8) Nudrat and (9) Nazis are summoned u/s 498A 323, 504 IPC in Complaint Case

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No.1839 of 2022 related to PS. Kareli, Allahabad. Date is fixed 15.05.2023 for appearance of accused persons. Complainant is directed to comply provisions of 204 (4) Cr.PC. Steps to be taken within 7 days."

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I find merit in the argument of learned counsel for applicants that the complainant has stated only omnibus and general allegations against all the accused persons who are nine in numbers.

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I also find further merit in the argument of learned counsel for applicants that aforesaid order is in the teeth of judgments passed by Supreme Court in the case of Lalankumar Singh and others vs. State of Maharashtra, 2022 SCC OnLine SC 1383 and Kahkashan Kausar @ Sonam and others Vs. Sate of Bihar and others, (2022) 6 SCC 599.

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In view of aforesaid since the impugned order dated 3.4.2023 passed by learned Judicial Magistrate Court No.4, DistrictAllahabad is not legally sustainable, is hereby set-aside and matter is remanded back to learned Trial Court to pass a fresh order taking note of aforesaid judgments i.e. Lalankumar Singh (supra) and Kahkashan Kausar @ Sonam (supra) after hearing the complainant as this order has been passed without issuing notice to O.P. No.2.

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This application is accordingly disposed of.

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Order Date :- 22.7.2024 SB

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Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Majid Ahmad and 8 Others v. State of U.P. and Another

Case brief

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Majid Ahmad and 8 Others v. State of U.P. and Another

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